The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-01-14
tlong or instructions as are annexed to tho

applying substantially tie came rule tha
ia applied to charters Of private corpora
tlono. The reasonable presumption i
that the State has granted In clear ant
unmistakable terms all 1t has desired L
grant at ALL" i''F l'1i 3D. ~
Judge Dillon says in the section bsfor,
referred to (S0u: "Any fair, reasonable
doubts concerning the existence OF power
Is resolved by the Courts against the cor
poration. the charter or statute by which
1t enacted is its organic act Neither the
corporation; nor,its officers can do any act
or mako any contract, or receive any liza.
bility not authorized thereby. All acts
beyond the scope ol the powers. GRANTED
With these principles and rules OF con.
stTuclion before us for guidance, let us
look into the ''organic ac!"-the charter OF
the city OF Wheeling, consisting as 1t doea,
Of various Acts Of the Ii gislature, passed
from time TO time, for the purpose OF
ascertalning whether the Legislature has
conferred upon Counci tho power to Gre.
ate "au official Board which .shsll be
called The Police and Fire Commission.
ers OF the City OF Wheeling" ...a
In The argument Of the case, various
provisions Of tho charter were cited and
relied upon by counsel for tho respond.
ents, aa aifording q sufficient warrant or
authority in Council to create such a
Bonrd. The tiftieth section OF the Act OF
March II, 1886, as amended by Chapter
l9i OF the Acts OF 1852, Is relied OH as au.
thority for the creation by Council OF q
Board whose duties relate to the Fire De.
partment. II is ns f,llows:
"rhe Council shall have authority to
ordain and enforce such regulations as
ahall Da necessary or proper 10 prevent &C.
cident by fire within said city, or to secure
the inhabitants thereof as far as practica-
BILE from injury thereby and especially to
provide for the establishment, organic, !.
ton, equipment, and government Of fire
department, or Of fire companies, or BOTH"
The only amendmsnt made in Section
htty OF the Act OF 1886, by tho Act OF 1882.
was to confer the authority to establish a
Fire department az well as fire companies,
ths ACT Of 1886 limiting the power to the
establishment Of fire companies. Under
the enlarged power granted by the Act Of
1852, Council plainly has the right "to
provide for the establishment, organiza.
ton, equipment and government o. q
Fire Department" The Legislative power
did NOT prescribe what should constitute
Fire Department, how 1t should be or.
ganizsd, what ofii :ers i. should consist of,
how they should be designated, what
should be their duties nor how they were
to be chosen. M lgl.. 80
The third section OF Chapter l95 OF the
Acts Of 1882, so far as it 10 necessary 10
quote, is ss follows:
"The Council shall have authority, nm.
less otherwise provided by Inv, to pro-
vide for the appointment or election by
Council OF such officers, whose election
or appointment is not provided for by law.
Us snall bs necessary or proper to carry
into effect any authority which is or shall
be vested IN the said city, or in. the Coun-
Gil or in the Mayor or Alderman thereof:
to grant to the officers SO appointed or
elected by the Council the powera reces.
cary or proper for the purpose above u,on-
toned, to define their dnties; to fix their
terms OF office, aud 10 allow them ressona.
bic fees and compensation" =
1t is apparent, therefore, tha. the Couu.
Gil is vested with the express power to
create "a Fire Department" and also, ito
ordain and epforce such regulations a,
shall be necessary and proper 10 prevent
accidents by fire within said city, or to Sc
cure the inhabitants thereof AZ far os
practicable from injury thereby" and it ia
also clear that the Council has the express
authority, the Legislature not having pro.
vided otherwise, to provide for tho an.
pontment or election OF officers necessary
or proper to carry into effect the power
vested in it to create Fire Department, TO
grant such officers the powers necessary
or proper for the purpose, to define their
duties, and to fix their term OF Office. (Ses
also Section 90 Of the Act OF March, 1879, !
II IN the exercise Of the powers jnst
mentioned. tue Council, in providing for
the establishment OF q Fire Department
deemed it advisable or proper to provide
for tho election OF four officers, to consti.
tutesn official Board to be called the Fire
Commissioners OF the City OF Wheeling,
te grant 10 them necessary or p.opsr
powers, and to defiue their duties, slch
officers being a constituent part Of tho
Fire Department, am not prepared to
say that in 80 doing, ths Council exceeded
it's authority, or that an ordinance passed
by Council 10 this effect is made CONTRARY
to law. 1t is true there is no express
power conferred upon Council 10 create
such Board nor can 1t bs said that such
Board is indispensable to the orssuiz1.
ton OF Fire Department, but think
s1ch power may be fairly implied in, or
is incident to the powers before men.
toned as expressly granted; and there.
fore that it comes under the second head
mentioned by Judge Dillon.
Let US now enquire into the authority
OF the Council to establish Police Ds.
partment, and to create Board Of Police
Commissioners. l have already referred
to the first section OF the ordinance in
question, providing for the election OF
Board to be called 1.-THE Police and Fire
Commissioners OF tho City OF Wheeling" j"
Tho fourth section Of this ordinance is as
follows: fa'5-. 4 -
"The said Commissioners, with the City
Sergeant and bis deputiea, shall consti-
tute o Police Department of tho City OF
Wheeling" E.e.I. -
There is no act Of tho Legislature e1.
pressly authorizing the Council to estab.
lish a Police Department, as there is in
relation to Fire Department, and the
conclusions drawn in reference to :ha lat.
ter do not, therefore, apnly necessarily to
a Police Department. If such authority
e1ists, 1t mnst arise by fair Implication
from some Of the powers expressly y grant.
ed. or be indispensable to the declared
object and purpose OF the corporation.
That q Police Board and Police Depart.
ment are indispensible,is not claimed, and
could not be successfully maintained, be.
cause the city government has been car.
ried on for many years without them. Tho
whole question 10, therefore, narroSei
down TO one OF implied poTor, and upon
this point the respondents must rest their
case. 5Ifa g5--.
2 What than ara tha arnro,o rovox,